Prohibiting Punishment of Acquitted Conduct Act of 2021

II Calendar No. 315 117TH CONGRESS 2D SESSION H. R. 1621 IN THE SENATE OF THE UNITED STATES MARCH 29, 2022 Received; read twice and placed on the calendar AN ACT To amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sen- tencing. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prohibiting Punish- 4 ment of Acquitted Conduct Act of 2021’’. 5 SEC. 2. ACQUITTED CONDUCT AT SENTENCING. 6 (a) USE OF INFORMATION FOR SENTENCING.— 7 (1) AMENDMENT.—Section 3661 of title 18, 8 United States Code, is amended by inserting ‘‘, ex- 9 cept that a court of the United States shall not con- 10 VerDate Sep 11 2014 02:16 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.PCS H1621 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 1621 PCS sider, except for purposes of mitigating a sentence, 1 acquitted conduct under this section’’ before the pe- 2 riod at the end. 3 (2) APPLICABILITY.—The amendment made by 4 paragraph (1) shall apply only to a judgment en- 5 tered on or after the date of enactment of this Act. 6 (b) DEFINITIONS.—Section 3673 of title 18, United 7 States Code, is amended— 8 (1) in the matter preceding paragraph (1), by 9 striking ‘‘As’’ and inserting the following: 10 ‘‘(a) As’’; and 11 (2) by adding at the end the following: 12 ‘‘(b) As used in this chapter, the term ‘acquitted con- 13 duct’ means— 14 ‘‘(1) an act— 15 ‘‘(A) for which a person was criminally 16 charged and with regard to which— 17 ‘‘(i) that person was adjudicated not 18 guilty after trial in a Federal, State, or 19 Tribal court; or 20 ‘‘(ii) any favorable disposition to the 21 person in any prior charge was made, re- 22 gardless of whether the disposition was 23 pretrial, at trial, or post trial; or 24 VerDate Sep 11 2014 02:16 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.PCS H1621 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 1621 PCS ‘‘(B) in the case of a juvenile, that was 1 charged and for which the juvenile was found 2 not responsible after a juvenile adjudication 3 hearing; or 4 ‘‘(2) any act underlying a criminal charge or ju- 5 venile information dismissed— 6 ‘‘(A) in a Federal court upon a motion for 7 acquittal under rule 29 of the Federal Rules of 8 Criminal Procedure; or 9 ‘‘(B) in a State or Tribal court upon a mo- 10 tion for acquittal or an analogous motion under 11 the applicable State or Tribal rule of criminal 12 procedure.’’. 13 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 14 The budgetary effects of this Act, for the purpose of 15 complying with the Statutory Pay-As-You-Go Act of 2010, 16 shall be determined by reference to the latest statement 17 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 18 Act, submitted for printing in the Congressional Record 19 by the Chairman of the House Budget Committee, pro- 20 vided that such statement has been submitted prior to the 21 vote on passage. 22 Passed the House of Representatives March 28, 2022. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 02:16 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1621.PCS H1621 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 315 117TH CONGRESS 2D SESSION H. R. 1621 AN ACT To amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing. MARCH 29, 2022 Received; read twice and placed on the calendar VerDate Sep 11 2014 02:16 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\H1621.PCS H1621 pbinns on DSKJLVW7X2PROD with BILLS